HomeMy WebLinkAboutPC Agenda Item No. 4OF A
CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE
PLANNING MANAGER
DATE: JANUARY 21, 2014
SUBJECT: ZONE CODE AMENDMENT NO. 2014 -01 — A PROPOSED
AMENDMENT OF CHAPTER 17.168 (CONDITIONAL USE PERMITS)
OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE AMENDING
SECTION 17.168.050 (ACTION OF THE PLANNING COMMISSION)
TO REVISE THE SECTION AND AMENDING SECTION 17.168.080
(LAPSE OF CONDITIONAL USE PERMIT) TO REPLACE THE
EXISTING ONE -YEAR PERIOD WITHIN WHICH TO COMMENCE
CONSTRUCTION WITH A TWO -YEAR INITIAL APPROVAL PERIOD
AND TO PERMIT A MAXIMUM OF TWO ONE -YEAR EXTENSIONS
OF TIME
Background
Prior to July 2008, the Lake Elsinore Municipal Code (LEMC) contained provisions that
both Design Review approvals and Conditional Use Permit (CUP) approvals would
lapse and become void one (1) year following the date on which they became effective
(15 days after approval unless appeal is filed) unless a building permit was issued and
construction commenced. However, on July 8, 2008 the City Council adopted an
amendment to the LEMC allowing Design Review approvals to have two (2) years with
up to two one -year extensions of time within which to obtain a building permit and begin
construction. No revisions were made to the one -year limit for Conditional Use Permits.
With the exception of Conditional Use Permits required for land uses proposed within
existing buildings, all CUPs are processed concurrently with Design Review
applications. This means that under the existing LEMC provisions two different
approval periods are established for each CUP /Design Review project. This
complicates staff's monitoring of the expiration dates for such projects. From the
developer's standpoint this means that when project construction is delayed; there is the
potential that a new Conditional Use Permit application will need to be processed and
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PLANNING COMMISSION STAFF REPORT
ZONING CODE AMENDMENT NO. 2014 -01
JANUARY 21, 2014
PAGE 2 of 3
approved even though the Design Review approval may remain valid. The zoning code
amendments proposed by Zoning Code Amendment No. 2014 -01 would bring these
LEMC provisions regarding CUPs into conformance with those adopted for Design
Review approvals in 2008.
Proiect Description
Conditional Use Permit approvals are regulated by LEMC Chapter 17.168 which
includes Section 17.168.080 (Lapse of conditional use permit) which states:
A conditional use permit shall lapse and shall become void one year
following the date on which the use permit became effective unless, prior
to the expiration of one year, a building permit is issued and construction
commenced and diligently pursued toward completion on the site which
was the subject of the use permit application.
There is no mechanism for the granting of an extension of time to an applicant. If a
building permit is not issued and construction commenced before the final one -year
expiration date, the applicant must reapply for Conditional Use Permit consideration,
pay new application fees and resubmit plans and other application materials for review
and approval.
However, the LEMC provisions regarding Design Review approvals (LEMC Section
17.184.120) provides for a two -year initial approval with up to two one -year extensions
of time; thereby allowing up to four (4) years within which to obtain a building permit and
begin construction.
Therefore, in order to provide consistency within the LEMC, Staff is recommended that
CUP approvals be subject to the same approval provisions currently provided for
Design Review approvals. The proposed changes to Chapter 17.168 of the LEMC
would provide Conditional Use Permit approvals:
• An expiration period of two (2) years from the effective date of approval (i.e.
within 15 calendar days from the date of decision unless a written appeal is filed
with the City Clerk).
• The provision of a one -year extension of time that can administratively be
approved by the Community Development Director.
• The provision of a second one -year extension of time that can be approved by
the Planning Commission.
• A total maximum period within which to obtain a building permit and commence
construction of four (4) years.
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PLANNING COMMISSION STAFF REPORT
ZONING CODE AMENDMENT NO. 2014 -01
JANUARY 21, 2014
PAGE 3 of 3
These proposed provisions are identical to the time periods currently in effect for Design
Review approvals set forth in LEMC Section 17.184.120. If this zoning code
amendment is approved, the provisions would apply to all CUP approvals granted one
year or less prior to the effective date of the zoning code amendment.
The LEMC also includes Section 17.168.050 (Action of the Planning Commission)
which inaccurately states that a Conditional Use Permit "may be granted for a limited
time period ". Although this language is found in the LEMC, it is not implemented
because the City Attorney has consistently advised the Planning Commission that
unless a Conditional Use Permit approval lapses and becomes void pursuant to LEMC
Section 17.168.080; said approval remains in effect indefinitely unless revoked at a
public hearing. Therefore, the proposed zoning code amendment also includes the
deletion of that inaccurate statement.
Environmental Determination
The proposed amendment of Chapter 17.168 of the LEMC is exempt from the California
Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq. "CEQA ") and the
State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to
Section 15061(b)(3) (common sense exemption) in that it can be seen with a certainty
that there is no possibility that adoption of Zoning Code Amendment No. 2014 -01 may
have a significant effect on the environment.
Recommendation
Staff recommends that the Planning Commission take the following action:
1. Approve Resolution No. 2014- ; A Resolution of the Planning Commission of
the City of Lake Elsinore, California Recommending to the City Council of the
City of Lake Elsinore Approval of Zoning Code Amendment No. 2014 -01
Amending Chapter 17.168 of the Lake Elsinore Municipal Code.
Prepared by: Richard J. MacHott, LEED Green Associatesf
Planning Manager
Approved by: Grant Taylor AL
Community Development Director
Attachment
1. Resolution No. 2014 -_ A Resolution of the Planning Commission of the City of Lake
Elsinore, California Recommending to the City Council of the City of Lake Elsinore Approval
of Zoning Code Amendment No. 2014 -01 Amending Chapter 17.168 of the Lake Elsinore
Municipal Code.
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RESOLUTION NO. 2014-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONING
CODE AMENDMENT NO. 2014 -01 AMENDING CHAPTER 17.168 OF
THE LAKE ELSINORE MUNICIPAL CODE
WHEREAS, Chapter 17.168 (Conditional Use Permits) of the Lake Elsinore
Municipal Code ( "LEMC ") sets forth various procedures and regulations regarding the
processing and approval of Conditional Use Permits within the City; and
WHEREAS, it is in the City of Lake Elsinore's interest to eliminate procedural
impediments to the development of commercial, industrial and residential projects within
the City of Lake Elsinore; and
WHEREAS, many development proposals require the approval of both a
Conditional Use Permit application in accordance with Chapter 17.168 of the LEMC and
a Design Review application in accordance with Chapter 17.184 of the LEMC; and
WHEREAS, LEMC Section 17.168.080 states that a Conditional Use Permit
lapses and becomes void one year from its effective date unless a building permit is
issued and construction commenced; although LEMC Section 17.184.120 allows two
years with up to two one -year extensions of time within which to obtain a building permit
and begin construction pursuant to a Design Review approval; and
WHEREAS, it has been determined that unless a Conditional Use Permit
approval lapses and becomes void pursuant to LEMC Section 17.168.080 that said
approval remains in effect indefinitely unless revoked at a public hearing; and that
LEMC Section 17.168.050 inaccurately states that a Conditional Use Permit "may be
granted for a limited time period "; and
WHEREAS, the Community Development Department of the City of Lake
Elsinore has initiated Zoning Code Amendment No. 2014 -01 to amend LEMC Section
17.168.080 in order to enable Conditional Use Permit approvals to remain valid for the
same period afforded Design Review approval and to correct LEMC Section
17.168.050; and
WHEREAS, Resolution No. 2004 -11 of the City of Lake Elsinore, which
establishes procedures and requirements for implementation of the Western Riverside
County Multiple Species Habitat Conservation Plan, specifically exempts the adoption
or amendment of any land use or zoning ordinance in Section IV — Exemptions: and
WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section
15061(b)(3), the City of Lake Elsinore has determined that it can be seen with certainty
that there is no possibility that adoption of Zoning Code Amendment No. 2014 -01 may
have a significant effect on the environment; and therefore the zoning code amendment
is exempt from CEQA; and
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PLANNING COMMISSION RESOLUTION NO. 2014-
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WHEREAS, Section 17.188.040 of the LEMC requires the Planning Commission
of the City of Lake Elsinore to review proposed amendments to the LEMC and after
examining the proposed amendment to make recommendations of its findings to the
City Council; and
WHEREAS, at a duly noticed public hearing on January 21, 2014, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Prior to making a recommendation to the City Council, the Planning
Commission has reviewed and analyzed the proposed Zoning Code Amendment
pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et
seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code (LEMC)
and finds and determines that the proposed Amendment is consistent with the
requirements of California Planning and Zoning Law and with the goals and policies of
the Lake Elsinore General Plan and the LEMC.
SECTION 2. The Planning Commission hereby finds and determines that Zoning
Code Amendment No. 2014 -01 is exempt from the California Environmental Quality Act
(Public Resources Code §§ 21000 et seq.: "CEQA ") and the Guidelines for
Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "State
CEQA Guidelines ") pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Specifically, the Planning Commission finds that there is no possibility that adoption of
Zoning Code Amendment No. 2014 -01 may have a significant effect on the
environment.
SECTION 3. In accordance with Government Code Section 65855, the Planning
Commission sets forth the following findings for its recommendation that the City
Council approve Zoning Code Amendment No. 2014 -01:
1. The proposed zoning code amendments will not be: a) detrimental to the health,
safety, comfort or general welfare of the persons residing or working within the
neighborhood of the proposed amendment or within the City, or b) injurious to the
property or improvements in the neighborhood or within the City.
The proposed zoning code amendments have been analyzed relative to their
potential to have detrimental effects and it has been determined that the
proposed amendments have no impact upon the public's health, safety, comfort
and general welfare because the amendments will provide consistency within the
City's zoning code and will not change the approval process and related noticing
requirements for Conditional Use Permits within the City.
2. The proposed zoning code amendments are consistent with the Goals, Policies
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PLANNING COMMISSION RESOLUTION NO. 2014 -_
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and Implementation Programs of the General Plan and the development
standards established with the LEMC.
The proposed zoning code amendments do not create new zoning districts,
remove existing zoning districts or otherwise modify land use requirements. The
proposed zoning code amendments are procedural in nature and do not affect
the density or intensity of uses and will not interfere with the implementation of
the goals, policies and implementation programs of the General Plan.
SECTION 4. Based upon the evidence presented, both written and testimonial,
and the above findings, the Planning Commission hereby recommends approval of the
amendments to Chapter 17.168 of the Lake Elsinore Municipal Code attached hereto as
Exhibit "A ".
SECTION 5. This Resolution shall take from and after the date of its passage
and adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Lake Elsinore, California, on the 21 st day of January, 2014.
David Blake, Chairman
City of Lake Elsinore Planning Commission
ATTEST:
Richard J. MacHott, LEED Green Associate
Planning Manager
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PLANNING COMMISSION RESOLUTION NO. 2014 -_
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LAKE ELSINORE )
I, RICHARD MACHOTT, Planning Manager of the City of Lake Elsinore,
California, hereby certify that Resolution No. 2014- was adopted at a regular
meeting of the Planning Commission of the City of Lake Elsinore on the 21st day of
January, 2014, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Richard J. MacHott, LEED Green Associate
Planning Manager
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PLANNING COMMISSION RESOLUTION NO. 2014 -
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EXHIBIT A
The following amendments to Chapter 17.168 (Conditional Use Permits) of the Lake
Elsinore Municipal Code, which amend Sections 17.186.050 (Action of the Planning
Commission) and 17.168.080 (Lapse of conditional use permit) are the currently
adopted text with strikethrough text being deleted and underlined text being added.
17.168.050 Action of the Planning Commission.
The Commission may grant a conditional use permit as the permit was applied for or
in modified form, or the application may be denied. A conditional use permit may
granted for a limited time peFied, and may be granted subject to such conditions as the
Commission may prescribe. Conditions may include, but are not limited to, payment of
fees; requirements for special yards, open spaces, buffers, fences and walls; requiring
installation and maintenance of landscaping; street dedications and general
infrastructure improvements; regulations of points of vehicular ingress and egress;
control of traffic circulation; regulation of signs; regulations of hours of operation and
methods of operation; limitations on attendance; control of potential nuisances;
prescribing standards of maintenance of buildings and grounds; phasing; development
standards; and such other conditions as the Commission may deem necessary to
ensure compatibility of the use with surrounding development and preserve the public
health, safety and welfare. [Ord. 772 § 17.74.050, 1986. Code 1987 § 17.74.050].
17.168.080 Lapse of conditional use permit
A Genditional use permit shall lapse and shall be-GOrne void ene year following tlte
date on WhiGh the use permit beGarne effeGtive unless, pFieF to the expiration Gf one
year, a building permit is issued and GGR6tFL1GtiE)R GGmrnenGed and diligently pursu
toward GOrnpletion on the site whiGh was the subjeGt of the use peFmit app'"Gation.
A. A conditional use permit approval shall lapse and become void two years
following the date on which the conditional use permit became effective, unless one of
the following: (1) prior to the expiration of two years, a building permit related to the
conditional use permit is issued and construction commenced and diligently pursued
toward completion; or (2) prior to the expiration of two years, the applicant has applied
for and has been granted an extension of the conditional use permit approval pursuant
to subsections (B) and (C) of this section.
B. The expiration date of an approved conditional use permit may be extended for
no more than two years. The first extension may be granted for one year subject to the
approval of the Community Development Director after consultation with other City
departments if such conditional use permit complies with current laws, standards and
policies. The second one -year extension may be granted by the Planning Commission
so long as the conditional use permit complies with current laws, standards and policies.
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PLANNING COMMISSION RESOLUTION NO. 2014-
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C. Application for extensions of time shall be filed prior to the expiration of the
conditional use permit approval and shall be accompanied by a fee in an amount as
established by resolution of the City Council.
D. Any conditional use permit approval granted on or after , 2013, up to the
effective date of the ordinance codified in this section shall lapse and become void two
years following the date on which the conditional use permit became effective, unless
one of the exceptions set forth in subsection (A) of this section is satisfied; then, in
which case the life of the conditional use permit shall be extended in accordance with
subsections (B) and (C) of this section. [Ord. 772 § 17.74.080, 1986. Code 1987 §
17.74.080].
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